Seven directors of Kenya Premier League won a major reprieve  after the High court discharged contempt proceedings against them. Justice Roselyn Aburili ruled that the officials did not disobey a court order that stopped them from conducting parallel matches and neither were they aware of it when the league staged fixtures on February 21 and 22.

Further, justice Aburili  held that KPL rival,  Football Kenya Federation (FKF) which had sought to have CEO Jack Oguda and chairmen Ambrose Rachier, Allan Kasavuli, Elly Kulekwa, James Musyoki, Bob Munro, and Col Juma Munyikai jailed for a period of six months failed to prove to the court that they seven  were personally served with the court order requiring them not to conduct  matches .

“There is no iota of evidence before this court to demonstrate the directors of KPL were served with any orders before February 23 , there is no  evidence to prove they had knowledge of the said orders”
ruled Aburili.

The judge rejected affidavits filed by FKF president Sam Nyamweya and a court process server saying they were contradictory and lacked details.

“In the absence  of evidence, the court is unable to find the contemns disobeyed the orders of this  court as alleged  to warrant them be committed to civil jail”

She also faulted the federation for failing to make efforts to serve the order at match venues on the day KPL held the matches. The judge wondered why FKF singled out KPL while instituting contempt proceedings  leaving out  Kenya Football Referees Association (Kefora) and Sports Stadia who are listed as respondents in the suit.

In its application FKF had alleged that despite being aware of the orders issued by Justice Msgaha Mbogholi on February 20 stopping parallel leagues, KPL went ahead and held seven fixtures. Through lawyer Eric Mutua, the federation had urged the court to find KPL guilty and send them to civil jail for a period of six months.

Mutua said the court should jealously guard its authority and dignity and jail the officials for the blatant disregard of orders. KPL had vigorously opposed the application denying ever receiving any orders on 20th as alleged.

The wrangling football clubs will go back to court on Monday when the court is expected to rule over the matches.
Meanwhile the order grounding KPL remains in force until the court’s decision on March 16.

Collins Okinyo

Ex- CAF Media Expert. An expert on African football with over 15 years experience ,always with an ear to the ground with indepth knowledge of the game. I have worked for top publications including 7 years at www.supersport.com until i founded www.soka25east.com to quench the thirst of football lovers across the continent. I have trained young upcoming journalists who are now a voice in African football.I have covered World Cup,AFCON,CHAN,Champions League,Confederations Cup,Cecafa,Cosafa,Wafu and many other football tournaments across the World. Founder Football Africa Arena(FAA),Founder www.afrisportdigital.com